City’s Christmas Parade May Not Exclude Pride Float Because Risk of Thrown Objects or Slashed Tires
From Friday’s opinion by Judge Austin Huffaker (M.D. Ala.) in Prattville Pride v. City of Prattville:
Prattville Pride is a non-profit, LGBTQ organization that alleges that the Defendant, the City of Prattville (“City”), has excluded it from participating in the City’s Christmas parade (scheduled to begin at 7:00 p.m. on December 6, 2024; i.e., this evening) in violation of the group’s First Amendment right to free speech and right to Equal Protection ….
According to Prattville Pride, the group has complied with all the conditions imposed by the City to participate in the parade. The group has submitted its application, paid its fee, and was granted approval by the City to participate in the parade. Thereafter, certain members of the public made general complaints about Prattville Pride’s participation in the parade because of the nature of the organization.
On December 3, 2024, the Prattville City Council met and discussed the group’s participation. Apparently, members of the public voiced vehement opposition to Prattville Pride’s participation in the upcoming parade…. Yesterday, Prattville Pride informed the City’s Police Chief that the group had received threats which “referenc[ed] harmful actions to be taken against [the group] and [its] float during the Prattville Christmas Parade,” and therefore the group requested additional security monitoring and presence.  Prattville Pride also stated that it was “concerned not only with [its] own safety but that of bystanders and parade goers as well. Having police escorts could be a[n] invaluable deterrent.”
In response, the City did not reject the request or additional security, or agree to provide additional security, or offer to investigate the threats. Instead, the City’s mayor removed Prattville Pride from the parade, stating: that Prattville Pride had brought to the City’s attention “serious safety concerns” and that the “City will not put the rights of parade participants ahead of the safety of tits citizens.” …
During a telephone hearing held on the morning of December 6, 2024, the Court inquired of the parties of the nature of the threats. The only threats mentioned were online threats about throwing eggs, rocks, and water at Prattville Pride’s float or possibly slashing the float’s tires so that it could not roll down the three mile stretch of the parade route….
“If there is a bedroc
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